AC47204 - Eastern Connecticut Savings Bank v. Venus Developments, LLC ("In this mortgage foreclosure action, the defendant Venus Developments, LLC, appeals from the judgment of the trial court rendered in favor of the plaintiff, Eastern Connecticut Savings Bank, denying its motion to open the court's judgment of foreclosure by sale. On appeal, the defendant claims that the court abused its discretion in denying the motion to open because (1) the plaintiff lacked standing to commence the foreclosure action, (2) the foreclosure judgment improperly included the debt from a second promissory note, which was not part of the complaint and not properly proven, and (3) the plaintiff failed to comply with the notice requirements in Practice Book § 17-22. We agree with the defendant's third claim and, accordingly, reverse the judgment of the trial court.")
AC47141 - Reverse Mortgage Solutions, Inc. v. Widow(er), Heir(s) and/or Creditors of the Estate of Beryl E. Rowland ("In this action to foreclose a reverse mortgage on real property owned by Beryl E. Rowland (decedent), Trinity Tatiana Pylypczuk and Andrew Bryce Pylypczuk (heirs), who are the decedent's grandchildren, appeal from the judgment of the trial court denying their motion to open the judgment of foreclosure by sale rendered by the court in favor of the plaintiff, Mortgage Assets Management, LLC, formerly known as Reverse Mortgage Solutions, Inc. On appeal, the heirs claim that the court abused its discretion by denying their motion to open without a hearing. We disagree and, accordingly, affirm the judgment of the trial court.")
AC47391 - U.S. Bank Trust, N.A. v. O'Brien ("In this mortgage foreclosure action, the defendant Mark E. O'Brien appeals from the judgment of the trial court ordering an execution of ejectment with regard to the foreclosed property. The court concluded that the execution of ejectment could issue because all law days had passed during the pendency of the defendant's prior appeal in this matter and no appellate stay was in effect at that time due to a prior trial court order that purportedly had prospectively terminated any existing and future automatic appellate stays in this matter. Therefore, the court determined that title to the foreclosed property and the right of possession had vested in the substitute plaintiff, U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust. The defendant claims that the court misconstrued the prior trial court's order terminating the appellate stay; an appellate stay was in effect when the latest law days passed; and, accordingly, title never vested in the substitute plaintiff, and the execution of ejectment was premature and violated his right to due process. For the reasons that follow, we agree with the defendant, reverse the judgment of the court, and remand the case with direction to vacate the execution of ejectment and to set new law days.")